Journal, November 1761
Volume 68

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Institute of Historical Research

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Author

K. H. Ledward (editor)

Year published

1935

Pages

216-229

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'Journal, November 1761: Volume 68', Journals of the Board of Trade and Plantations, Volume 11: January 1759 - December 1763 (1935), pp. 216-229. URL: http://british-history.ac.uk/report.aspx?compid=77420 Date accessed: 02 September 2014.


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Journal, November 1761

Wednesday, November 4. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas, Mr. Yorke.

Trade.

Russia.

fo. 336.

The Secretary having acquainted their lordships, that Mr. Nettleton, Governor of the Russia Company, had given notice to him, that himself and other members of that company were desirous of attending the Board on any day that the Board should think proper to appoint, their lordships appointed Wednesday next, the 11th instant, and the Secretary was ordered to give notice thereof to Mr. Nettleton.

Read a letter from Mr. Wood, Secretary to the Commissioners of his Majesty's Customs, to Mr. Pownall, dated the 19th of September, 1761, containing the observations made by that Board upon the project of a new Treaty of Commerce with Russia.

Gibraltar.

Read a memorial of Mr. James Clarke, setting forth the prejudice arising to the trade of this kingdom, from the Governor of Gibraltar giving English passports and other documents to foreign ships trading from that port to the Coast of Barbary.

fo. 337.

Ordered, that the said memorial be taken into further consideration on Thursday next, the 12th instant, and that the Secretary do give notice to the memorialist to attend on that day.

Quebec.

Read a petition of Samuel Purviance, owner of a vessell and cargo seized at Quebec for illicit trade, stating his case, and praying this Board to give orders for his vessell and cargo being restored.

Ordered, that the said petition be taken into further consideration on Thursday next, the 12th instant, and that the Secretary do give notice to the sollicitor for the petitioner to attend on that day.

Plantations General.

fo. 338.

Read a letter from the Earl of Bute, one of his Majesty's Principal Secretaries of State, dated the 7th of October, 1761, referring to the Board, for their consideration and opinion, a memorial transmitted to his Lordship by Mr. Titley, his Majesty's Minister at Copenhagen, containing proposals for settling foreigners in the British Colonies in America.

Copy of Count St. Germain's memorial, Copenhagen, 17th September, 1761, containing proposals for transporting to and settling in the British Colonies in America a number of foreigners from Germany and other parts of Europe.

Their lordships took the said letter and memorial into consideration, and several minutes were taken from which the Secretary was ordered to prepare the draught of a letter to Lord Bute, containing the Board's sentiments upon the memorial.

Nova Scotia.

fo. 339.

The Secretary laid before the Board a memorial prepared by the agent for the settlement of Nova Scotia, to be presented to the Lords Commissioners of the Treasury, praying that he may be authorized to discharge certain bills drawn upon him by the Lieutenant Governor of the said province, to the amount of six thousand pounds, out of the ballance of the sum granted by Parliament for the service of the said colony for the year 1761; and the said memorial having been approved, it was ordered, that the agent should present it to the Lords Commissioners of the Treasury for their lordships' directions upon it.

Ordered, that notice be given to Mr. Green, Treasurer of Nova Scotia, to attend the Board on Thursday next, the 12th instant.

New York.

fo. 340.

Read a letter from Cadwallader Colden, Esquire, Lieutenant Governor of New York, to the Board, dated the 18th of February, 1761, transmitting a report of the Commissioners of Oyer and Terminer for holding an Admiralty sessions at New York.
The report of the Commissioners of Oyer and Terminer for holding an Admiralty sessions in the City of New York.

Their lordships took the said letter and paper into consideration, and several doubts having arisen with respect to a proper authority and jurisdiction in the colonies for the tryal and punishment of murther committed upon the seas or waters within the Admiralty jurisdiction in the said colonies, the Secretary was ordered to send copies of the abovementioned letter and paper to the Attorney and Sollicitor General, and also to the Advocate General, and desire their opinion upon the following questions, viz.
fo. 341.
Does the Act of the 28th of Henry 8th Cap. 15, entitled for pirates (being passed before the establishment of any of the British colonies), extend to the said colonies, and if it does, how are the regulations therein set down to be executed.
Does the Act of the 11th and 12th of William the Third Capt. 7, entitled an Act for the effectual suppression of piracy, or the 7th Section of the Act of the 4th of George 1st Cap. 11, entitled an Act for the further preventing robbery, burglary, etc., contain sufficient authority for the tryal and punishment of persons guilty of murder upon the seas or waters within the Admiralty jurisdiction in the Plantations.
fo. 342.
If the Act of Henry 8th Cap. 15 does not extend to America, and neither the Act of the 11th and 12th of William 3rd Cap. 7, nor the 7th Section of the Act of the 4th of George the 1st Cap. 11, do contain sufficient authority for the tryal and punishment of persons guilty of murder upon the seas or waters within the Admiralty jurisdiction in the Plantations, by what other authority and jurisdiction are such persons to be tryed and punished in the said Plantations.

fo. 343.

Thursday, November 5. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Mr. Yorke, Sir Edmund Thomas, Mr. Rice.

Plantations General.

The draught of a letter to Lord Bute upon the subject matter of the memorial presented to his Majesty's Minister at Copenhagen, relative to the transportation of Germans to the British Colonies in America upon a peace, having been prepared pursuant to order, was agreed to, transcribed and signed.

fo. 344.

Their lordships approved the draught of the Secretary's letter to his Majesty's Attorney and Sollicitor General, and also to the Advocate General, stating to them the questions mentioned in the preceding minutes, relative to the want of a proper authority in the colonies for the legal punishment of murther committed within the Admiralty jurisdiction in the said colonies.

New York.

Read the following letters and papers received from Mr. Colden, Lieutenant Governor of New York, viz.
Letter from Cadwallader Colden, Esquire, Lieutenant Governor of New York, to the Board, dated February 28th, 1761, acquainting their lordships with the difficulties and obstruction occurring to the settlement of the lands upon the Mohawk River and to the eastward of Hudson's River, from the tenor of his Majesty's instructions, the claims of one Lydius, and the uncertainty of the boundary lines between New York and Massachusets Bay, and New York and New Hampshire, and inclosing,
Proclamation of his Majesty King George the Third.
fo. 345.
Proclamation forbidding all persons whatsoever to enter upon or take possession of lands to the eastward of Hudson's River, claimed by John Henry Lydius in right of such claim.
Letter from Cadwallader Colden, Esquire, Lieutenant Governor of New York, to the Board, dated May 15th, 1761, transmitting a report of a Committee of the Council in relation to the alteration of the instructions from his Majesty relative to the quit rents, and also, the Journals of the Council and Assembly, and laws passed in November, 1760, and April, 1761.
Report of a Committee of the Council in relation to the augmentation of the quit rent from 2/6 proclamation money to 3/6 sterling per 100 acres, etc., etc.
Minutes of Council from 2nd of August, 1760, to 2nd March, 1761.
fo. 346.
Journal of Council in Assembly from 21st October, to 8th November, 1760.
Votes of Assembly from October the 21st, 1760, to April 4th, 1761.
Twenty one Acts passed in November, 1760, and April, 1761.
Letter from Lieutenant Governor Colden to the Secretary, dated May 18th, 1761, containing reasons why he cannot comply with the Board's orders to send home three sets of the printed laws under the Seal of the province; and transmitting,
Printed collection of the laws of New York.
Letter from Cadwallader Colden, Esquire, Lieutenant Governor of New York, dated the 2nd of June, 1761, containing his reasons for having refused his assent to two laws passed by the Council and Assembly; and transmitting,
Printed journals of the Assembly from the 5th to the 18th May, 1761.
fo. 347.
Copy of a Bill passed by the Council and General Assembly entituled,
An Act to prevent disputes and controversies which may arise by the demise of the Crown, and for other purposes therein mentioned.
Copy of a Bill passed by the Council and General Assembly entituled,
An Act providing that the judges of the Supreme Court shall have their Commissions during good behaviour.
Letter from Cadwallader Colden, Esquire, Lieutenant Governor of New York, to the Board, dated 12th August, 1761, relative to the duration of the commissions to be granted by him to the judges in that province.

Ordered, that the Acts be sent to Sir Mathew Lamb for his opinion upon them in point of law.

fo. 348.

Plantations General.

New York.

Their lordships, upon full consideration of the subject matter of the abovementioned letters and papers, in so far as they relate to the settlement of vacant lands, and to the granting the judges' Commissions during good behaviour, were of opinion that both those propositions ought, in the present situation of the colony, to be discountenanced; the one, as dangerous to the security of the colonys, the other, as subversive of the interest of the Crown and people, and tending to lessen that just dependance, which the colonies ought to have upon the government of the mother country; whereupon it was ordered, that the Secretary should prepare the draught of a representation to his Majesty, conformable to their lordships' sentiments upon these points.

fo. 349.

Wednesday, November 11. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Mr. Yorke, Sir Edmund Thomas, Mr. Rice.

Massachusetts.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated June 29th, 1761, referring to this Board, for their consideration, nine Acts passed in the Province of Massachusets Bay in December, 1760, and January, 1761.

Ordered, that the said Acts be sent to Sir Mathew Lamb for his opinion thereupon in point of law, as soon as conveniently may be.

Trade.

Africa.

fo. 350.

The Secretary laid before the Board the following papers received from the Committee of the Company of Merchants trading to Africa, viz.
Copy of a letter from the Governor and Council of James Fort, Gambia, to the Committee of the Company of Merchants trading to Africa, dated 30th March, 1761.
Copy of a letter from William Mutter, Esquire, to the Committee of the Company of Merchants trading to Africa, dated Cape Coast Castle, March the 31st, 1761.
Copy of a letter from William Newton, junior, Governor of Goree, to Joseph Debat, Esquire, Governor of James Fort, Gambia, dated 15th May, 1761; also copy of a letter from Joseph Debat, Esquire, Governor of James Fort, Gambia, to the Committee of the Company of Merchants trading to Africa, dated 5th June, and copy of a letter from the Governor and Council of James Fort, Gambia to the Committee, dated 3rd of June, 1761.

Trade.

fo. 351.

Ordered, that the copy of the letter from the Governor and Council of James Fort in the River Gambia, dated 30th March, 1761, relating to a government slave having been guilty of poisoning several Castle slaves and others, be taken into consideration on Friday next, the 13th instant, and that the Secretary do give notice to the Committee that their lordships desire to see some of them on that day.

New Hampshire.

Read the following letters and papers received from Benning Wentworth, Esquire, Governor of New Hampshire, viz.
Letter from Benning Wentworth, Esquire, Governor of New Hampshire, dated August 19th, 1761, acknowledging the receipt of the Board's letter of the 28th of April, and promising an answer to the queries by the next conveyance.
fo. 352.
Journals of Council from the 3rd of December, 1757, to 11th June, 1760.
Journals of Council and Assembly from the 22nd of November, 1757, to the 26th of June, 1761.
Letter from Governor Wentworth to Mr. Pownall, dated August 25th, 1761, transmitting a new edition of the laws of that province, revised, altered and corrected.

New Jersey.

Read the following letters and papers received from Thomas Boone, Esquire, late Governor of New Jersey.
Letter from Thomas Boone, Esquire, late Governor of New Jersey, dated Perth Amboy, June 5th, 1761, transmitting,
Minutes of Council from 17th March to 17th April, 1761.
Council in Assembly from the 26th of March, to the 7th July, 1761.
Votes of Court House from 27th March, to 17th April, 1761. Five Acts.
fo. 353.
Letter from Thomas Boone, Esquire, late Governor of New Jersey, to the Board, dated July 28th, 1761, acquainting them with his having passed an Act for continuing a part of the regiment, raised in that province, in his Majesty's service, and with his having suspended one of the Council for non-attendance.
Letter from Thomas Boone, Esquire, late Governor of New Jersey, dated 30th August, 1761, giving an account of the seizure and condemnation of a vessell and cargo for illicit trade.

Ordered, that the abovementioned Act be sent to Sir Matthew Lamb for his opinion thereupon in point of law, as soon as conveniently may be.

fo. 354.

Ordered, that the Secretary do transmit a copy of Mr. Boone's letter of the 30th August, 1761, to Mr. West, Secretary to the Lords Commissioners of the Treasury, and that in his letter to Mr. West, inclosing the said copy, he do observe that it is their lordships' opinion, that Mr. Boone's disinterested conduct, in relinquishing his share of the forfeiture, in order to obtain a condemnation of the vessell mentioned in his letter, entitles him to his Majesty's favour in the request he makes, that his Majesty's share of the said forfeiture may be given to him.

Barbados.

Read a letter from Charles Pinfold, Esquire, Governor of Barbados, to the Board, dated July 18th, 1761, transmitting,
Governor's speech to the Council and House of Representatives.
Address of the Council and House of Representatives in answer to the Governor's speech.
Speech of the Chief Justice to the Grand Jury, at the Court of Grand Sessions and their address to the Governor.

fo. 355.

Leeward Islands.

Read a letter from George Thomas, Esquire, Governor of the Leeward Islands, dated the 20th July, 1761, acknowledging the receipt of the Board's letter of the 28th of April, and promising an answer to their general heads of enquiry as soon as it can be prepared.
Minutes of Council from 2nd of January, to the 4th of June, 1761.
Seven Acts passed in February and May, 1761.

Ordered, that the Acts be sent to Sir Mathew Lamb for his opinion thereupon in point of law, as soon as conveniently may be.

Bermuda.

Read the following letters and papers received from William Popple, Esquire, Governor of the Bermuda Islands, viz.
fo. 356.
Letter from William Popple, Esquire, Governor of the Bermuda Islands, dated August 5th, 1761, containing observations upon several laws passed by him.
Letter from Governor Popple to the Board, dated August 12th, 1761, acquainting them with the death of the Searcher at the West End, and stating the inutility of such an officer.
Minutes of Council from the 8th of July, 1760, to 26th June, 1761.
Council in Assembly from the 5th of May, 1760, to 27th June, 1761.
Assembly from the 7th of July, 1760, to 27th June, 1761.
Six Acts passed in February, May and June, 1761.

Ordered, that the Acts be sent to Sir Mathew Lamb for his opinion thereupon in point of law, as soon as conveniently may be.

fo. 357.

Plantations General.

New York.

The draught of a representation to his Majesty upon those parts of the letters and papers from the Lieutenant Governor of New York, mentioned in the minutes of Thursday last, which relate to the settlement of vacant lands upon the Mohawk River, and to the duration of the judges' Commissions, having been prepared pursuant to order, was agreed to, transcribed and signed.

Trade.

Russia.

fo. 358.

Their lordships took into further consideration the project of a treaty of commerce with Russia, offered on the part of her Imperial Majesty, and Mr. Nettleton, Governor of the Russia Company attending with two other gentlemen of that company, they were called in and presented to their lordships a copy of a counter project of a treaty of commerce with Russia, prepared by the said company, and which they stated to contain the substance and effect of what they had to offer upon the subject; whereupon the said counter project was read article by article, and several observations were made upon it by Mr. Nettleton and the other gentlemen.

The gentlemen having withdrawn, their lordships agreed to consider further of this matter at another opportunity.

Thursday, November 12. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Mr. Rice.

Antigua.

South Carolina.

fo. 359.

Ordered, that draughts of representations to his Majesty be prepared, proposing that William Young, Esquire, may be appointed of the Council of Antigua, and Daniel Blake, Esquire, of the Council of South Carolina.

Nova Scotia.

Trade.

Quebec.

fo. 360.

Gibraltar.

Algiers.

fo. 361.

Mr. Green, Treasurer of Nova Scotia, attending pursuant to order, was called in, and being desired to inform the Board of the reasons why the accounts of the year 1760 to the death of Governor Lawrence, were not made up and transmitted, he said, he apprehended it was occasioned by delays and obstructions attending the repayment of the money lent by Governor Lawrence out of the Treasury to the province, in order to enable them to pay the bounties upon fish and other articles on which they were to be given. Mr. Green being withdrawn, their lordships took into consideration a memorial of the owner of a vessell and cargo seized at Quebec for illicit trade, and Mr. Cracraft, sollicitor for the memorialist, attending pursuant to order, was called in, and their lordships having heard what he had to offer in explanation of the allegations of his memorial, were of opinion, that it was not within their department to take cognizance of the case to which the said memorial had reference, it being a question for the judgement of those courts and offices, to which a jurisdiction in matters of this nature is given by the laws of trade. Mr. Cracraft being withdrawn, their lordships took into consideration the memorial of Mr. James Clarke, stating an irregular practice at Gibraltar of giving English documents to foreign ships trading from thence to Algiers; and their lordships having heard what Mr. Clarke had to offer in explanation of his memorial, were of opinion, that in so far as the memorial relates to neutral ships carrying cargoes from Gibraltar to Algiers on account of persons to whom the said cargoes have been consigned, it is an evil arising from a state of war, and cannot be prevented so long as Gibraltar is a free port.

That in so far as the memorial relates to neutral ships taking in cargoes at Algiers, upon pretence that they belong to English subjects, it is a fraudulent practice of a very pernicious tendency, but can only be remedyed by the interposition of the British Consul at Algiers; and therefore their lordships directed that the Secretary should transmit a copy of Mr. Clarke's memorial to Mr. Aspinwall, the Consul at Algiers, to the end that if the facts stated in it, as explained by Captain Clarke, should be well founded, Mr. Aspinwall may take such measures thereupon as he shall judge proper for the national interest and the benefit of the British commerce in those parts.

fo. 362.

Friday, November 13. Present:—Lord Sandys, Mr. Bacon, Mr. Yorke, Mr. Rice.

Trade.

The draught of a letter from the Secretary to Mr. Aspinwall, Consul at Algiers, prepared pursuant to yesterday's minutes, was approved.

Africa.

fo. 363.

Their lordships took into consideration the copy of a letter from the Governor and Council of James Fort, Gambia, to the Committee of the Company of Merchants trading to Africa, relating to a difficulty which had occurred with respect to a government slave guilty of poisoning several castle slaves and others; and Mr. Samuel Smith, one of the said Committee, attending, he was called in, and being asked whether the Committee had come to any resolution or opinion upon the case, he said they had not, and that they desired their lordships' sentiments and directions upon it; whereupon it was agreed, that this matter should be taken into further consideration on this day sevennight, and it was desired, that some of the gentlemen of the Committee would attend on that day.

Mr. Smith being withdrawn, the draughts of representations to his Majesty, proposing that William Young, Esquire, may be appointed of the Council of Antigua, and Daniel Blake, Esquire, of the Council of South Carolina, prepared pursuant to order, were agreed to, transcribed and signed.

fo. 364.

Tuesday, November 17. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas, Mr. Rice.

Virginia.

Read a letter from Francis Fauquier, Esquire, Lieutenant Governor of Virginia, dated at New York, September 27th, 1761, acquainting the Board that he was come to that place in some measure on account of his health, but principally to confer with Sir Jeffry Amherst on the subject of the Cherokee war, and that he proposed to return to Virginia within a month.

New York.

Read the following letters and papers received from Cadwallader Colden, Esquire, Lieutenant Governor of New York, viz.
fo. 365.
Letter from Cadwallader Colden, Esquire, Lieutenant Governor of New York, dated September 25th, 1761, acquainting the Board with the proceedings of the legislature of that province in their last sessions begun on the 1st of that month, and inclosing,
Lieutenant Governor Colden's speech to the Council and Assembly of New York on the 2nd of September, 1761.
Council's address to Lieutenant Governor Colden on the 4th of September, 1761.
Printed journals of the General Assembly from the 1st to the 11th of September, 1761.
Printed copies of three Acts passed in September, 1761.
Letter from Cadwallader Colden, Esquire, Lieutenant Governor of New York, dated October 6th, 1761, relative to the granting judges' Commissions during good behaviour.

fo. 366.

Ordered, that extracts be made of such parts of Mr. Colden's letters as relate to the granting judges' Commissions during good behaviour, to be laid before his Majesty in Council, and that the draught of a representation to his Majesty thereupon be prepared.

Ordered, that the Secretary do transmit a copy of the Bill passed by the Council and Assembly of New York in May, 1761, for preventing disputes which may arise by demise of the Crown, to Sir Mathew Lamb, together with extracts of such parts of Mr. Colden's letter to the Board, as contains his remarks upon the said Bill, and desire his opinion thereupon as soon as conveniently may be.

North Carolina.

The Secretary laid before the Board the following publick papers received from North Carolina, viz.
fo. 367.
Minutes of Council from the 25th of March, to 23rd April, 1761.
Council in Assembly from the 31st of June, 1760, to the 23rd of April, 1761.
Assembly from the 7th of November, 1760, to 23rd April, 1761.
Fifteen Acts passed in April, 1761.

Ordered, that the Acts be sent to Sir Mathew Lamb for his opinion thereupon in point of law.

Wednesday, November 18. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas, Mr. Rice.

Plantations General.

New York.

fo. 368.

The draught of a representation to his Majesty, with extracts of two letters lately received from the Lieutenant Governor of New York, relative to the granting judges' Commissions during good behaviour, having been prepared pursuant to order, was agreed to, transcribed and signed.

Massachusetts.

Read the following letters and papers received from the Governor of the Province of the Massachusets Bay, viz.
Letter from Francis Bernard, Esquire, Governor of Massachusets Bay, dated August 6th, 1761, containing an account of several actions brought in the Courts of Common Law there, tending to set aside the jurisdiction of the Admiralty Court and the Officers of the Crown.
Action of Benjamin Barons, Collector of the Customs in the Port of Boston, against Charles Paxton for speaking several defamatory words of the said Barons.
Do. against George Cradock for a debt of £100.
Do. against Thomas Lechmere for removing him from the office of Collector, etc.
fo. 369.
Letter from Francis Bernard, Esquire, Governor of the Massachusets Bay, dated August 27th, 1761, containing an account of the issue of two actions tryed in the Supreme Court, upon an appeal from the judgements of the inferior Courts mentioned in a former letter.
Journals of the General Court from the 28th of May, 1760, to 21st April, 1761.
Journals of Representatives from the 27th of May, 1760, to 11th July, 1761.
Do. in respect to the question concerning the Treasurer's sueing for forfeitures ex officio.
Journals of Council from the 29th of May, 1760, to 16th May, 1761.
fo. 370.
Treasurer's account from May, 1759, to May, 1760.
Do. to May, 1761.
Seventeen Acts passed in June and July.

Ordered, that the Acts be delivered to the Clerk of the Council in waiting, to be laid before his Majesty in Council.

Their lordships, upon mature consideration of Governor Bernard's letters and the papers therein referred to, were of opinion, that the subject matter of the said letters and papers, as well in respect to the actions brought in the courts there against officers of the Revnue, as to the measure proposed by the Governor for bringing the several questions in judgement of the courts there before a proper judicature, was withing the cognizance and proper for the consideration of the Lords Commissioners of the Treasury, and therefore it was ordered, that the Secretary should transmit copies thereof in a letter to the Secretary to that Board, and several minutes were taken of such observations as it might be proper for him to make upon the papers in his letter.

fo. 371.

Thursday, November 19. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas, Mr. Rice.

Massachusetts.

The draught of a letter from Mr. Pownall to the Secretary to the Lords Commissioners of the Treasury, upon the subject matter of the letters and papers received from Governor Bernard, mentioned in yesterday's minutes, having been prepared pursuant to order, was approved.

Read a letter from Francis Bernard, Esquire, Governor of Massachusets Bay, dated August 3rd, 1761, containing his sentiments upon the inconveniences likely to follow from the continual increase of the number of representatives.

fo. 372.

Their lordships took the said letter into consideration and several parts of the Royal Charter of the Massachusets Bay, and also some clauses in an Act passed in that province in 1692, for ascertaining the number of representatives in Assembly, having been read, their lordships, after some time spent in deliberation upon the subject matter of Governor Bernard's letter, agreed to take the same into further consideration at another opportunity.

fo. 373.

Friday, November 20. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas, Mr. Rice.

Trade.

Africa.

fo. 374.

Their lordships took into further consideration the copy of a letter from the Governor and Council of James Fort in the River Gambia, to the Committee of the Company of Merchants trading to Africa, relating to the difficulty which had occurred with respect to a government slave guilty of poisoning several castle slaves and others; and Mr. Samuel Smith, one of the said Committee, attending, was called in, but as he was not able to inform their lordships, and as it did not appear from any other circumstances, what the practice and usage had been upon the Coast in cases of a like nature, their lordships declined giving any opinion of what directions it might be proper for the Committee to give upon this occasion.

Georgia.

Read a letter from James Wright, Esquire, Governor of Georgia, dated July 13th, 1761, containing observations upon several laws passed by him.
An estimate of the charges of government in the Province of Georgia for one year commencing on the 29th of September, 1759, and ending on the 29th of September, 1760, to be provided for by the General Assembly.
Estimate of the necessary charges of government in the Province of Georgia for one year, commencing the 29th of September, 1760, and ending the 29th September, 1761.
Deductions resolved to be made by the Assembly from the estimate.
fo. 375.
Copy of an address from the Council of Georgia to Governor Wright.
Report from the Committee of the whole House appointed to take into consideration the extracts from the journals of the Commons House of Assembly in the present session of General Assembly.
Seven Acts passed in the Province of Georgia.

Ordered, that the Acts be sent to Sir Mathew Lamb for his opinion thereupon in point of law, and that the letter and papers received with them be taken into consideration, when he shall have made his report.

Virginia.

fo. 376.

Their lordships took into consideration six Acts passed in the Colony of Virginia in November, 1759, together with Sir Mathew Lamb's report thereupon; and the said Acts and report having been read, it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that the Act entitled,
"An Act to dock the intail of certain lands therein mentioned, and to vest the same in Lewis Burwell, Esquire, in fee simple, and for setting other lands of greater value in lieu thereof to the same uses."
should be confirmed.

A doubt having occurred to their lordships whether the Act entitled,
"An Act to oblige the persons bringing slaves into this colony from Maryland, Carolina and the West Indies for their own use to pay a duty"
fo. 377.
might not subject slaves brought directly from Africa to some other colony, and from thence carried to Virginia, (without being sold), to the duty imposed by the said Act, it was ordered, that the Secretary should return the said Act to Sir Mathew Lamb and desire him to reconsider it in reference to this point, and report his opinion thereupon.

Tuesday, November 24. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas, Mr. Rice.

Virginia.

The draught of a representation to his Majesty, proposing the confirmation of a private Act passed in the Colony of Virginia in November, 1759, having been prepared pursuant to order, was approved, transcribed and signed.

fo. 378.

Massachusetts.

Their lordships took into further consideration the letters and papers lately received from the Governor of the Massachusets Bay, and the draught of a letter to him in answer thereto, was approved and ordered to be transcribed.

North Carolina.

Their lordships then took into consideration three Acts passed in the Province of North Carolina in 1760, for establishing Courts of Judicature and regulating the proceedings therein; and the said Acts having been read, as also Sir Mathew Lamb's report thereupon, their lordships were of opinion that they ought to be repealed, and several minutes were taken, from which the Secretary was ordered to prepare the draught of a representation to his Majesty upon the said Acts.

fo. 379.

Wednesday, November 25. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas, Mr. Rice.

North Carolina.

Their lordships took into consideration the draught of a representation to his Majesty upon three Acts passed in North Carolina in 1760, "for establishing Courts of Judicature, etc.," prepared pursuant to their lordships' orders; and some progress having been made therein, it was agreed to take the said draught into further consideration tomorrow morning.

fo. 380.

Their lordships then took into consideration two Acts passed in the said province in 1760, for establishing vestrys and making provision for the clergy, together with Sir Mathew Lamb's report thereupon; and the said Acts having been read, it was ordered, that the Secretary should transmit them to the Lord Bishop of London, and desire the favour of his Lordship's sentiments upon them, so far as regards the right of patronage vested by these laws in the vestryment of each parish, and the method established for the suspension and removal of ministers guilty of immorality.

Massachusetts.

The draught of a letter to the Governor of the Massachusets Bay, in answer to several received from him, having been transcribed pursuant to order, was signed.

fo. 381.

Thursday, November 26. Present:—Lord Sandys, Mr. Bacon, Sir Edmund Thomas, Mr. Rice.

North Carolina.

Their lordships took into further consideration the draught of a representation to his Majesty upon three laws passed in May, 1760, "for establishing Courts of Judicature"; and the said draught having been agreed to, was ordered to be transcribed.

Jamaica.

Their lordships then took into consideration twenty nine Acts passed in the Island of Jamaica in October, November and December, 1760, together with Sir Mathew Lamb's report thereupon, and made some progress therein.

fo. 382.

Leeward Islands.

Lord Sandys communicated to the Board a letter to his Lordship from Mr. Warner, Attorney General of the Leeward Islands, setting forth that he is in a bad state of health, and desiring that he may have permission to return to England with leave of absence for one year from June next.

Ordered, that the draught of a letter to the Earl of Egremont, one of his Majesty's Principal Secretaries of State, be prepared, desiring he would move his Majesty that Mr. Warner may have the leave of absence he desires.

fo. 383.

Friday, November 27. Present:—Lord Sandys, Mr. Bacon, Sir Edmund Thomas, Mr. Rice.

Jamaica.

Their lordships took into further consideration twenty nine Acts passed in the Island of Jamaica in October, November and December, 1760, together with Sir Mathew Lamb's report thereupon, and made a further progress therein.